Bijural Terminology Records

Common Law

set aside a judgment

Civil Law

revoke a judgment

Title of the Legislative Text

State Immunity Act, R.S., c. S-18

Provision

 10. (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment pursuant to subsection (2), apply to have the judgment set aside.

Problem

Only civil law terminology ("rétractation de jugement" ) is used in the French version and only common law terminology ("set aside a judgment" ) is used in the English version.

Solution

In the English version, the terms "or revoked" are added to address the civil law audience in English. In the French version, the terms "ou annulation" are added to address the common law audience in French.

Harmonized Provision

 10. (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 173.